Caste killing of techie: HC criticises CB-CID for failure to arrest accused

The Madurai Bench of the Madras High Court said the court was constrained to observe that selective exercise of investigative discretion, especially where the accused occupy positions within the law-enforcement machinery, has the potential to erode the public confidence in the fairness of criminal investigation, while dismissing a petition filed by Krishnakumari, mother of Surjith, the main accused in the case of Tirunelveli caste killing of techie Kavin Selvaganesh.

Justice L. Victoria Gowri observed that the objectives of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, more particularly the protective mandate under Section 15 A concerning victims and witnesses, require investigations to be conducted with heightened sensitivity, impartiality, and promptness, ensuring that victims are not reduced to mere spectators in the justice delivery process.

The court criticised the CB-CID for its failure to arrest the accused Krishnakumari. There can be no dispute that the present case relates to a heinous honour (caste) killing of a young and enterprising engineer belonging to a Scheduled Caste community. The Investigating Agency has, however, consciously allowed Krishnakumari who is part of the same departmental fraternity, to submit to interrogation without being placed under arrest, the court said.

Whether the petitioner Krishnakumari has a peripheral role, whether she was a conspirator, whether there is material to connect her, and whether the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act provisions are attracted are all questions that fall within the domain of the trial court at appropriate stages, the court said while dismissing the petition filed by Krishnakumari to direct the Second Additional District Court, Tirunelveli, to consider her recall warrant application.

Caste passions and bigotry must be uprooted to realise the constitutional vision of Dr. B.R. Ambedkar, who ensured equality before law and equal protection of laws. Even in a mature democracy, caste atrocities remain a dark scar, demanding societal surgery through firm enforcement of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the court said.

The Investigating Agency and the Judiciary must work in seamless coordination to ensure that the life and liberty of even a single Indian citizen is never sacrificed at the altar of caste. Welfare legislation meant to empower the voiceless will remain paper tigers unless the criminal justice system enforces them with commitment, sensitivity, and alacrity, the court said.

Kavin Selvaganesh, a Scheduled Caste youth from Arumugamangalam near Eral in Thoothukudi district, was in a relationship with Siddha doctor S. Subhashini of Palayamkottai, who belongs to an intermediate caste.

Kavin was murdered on July 27, 2025, by Ms. Subhashini’s younger brother Surjith. The police arrested the main accused Surjith, Surjith’s father Saravanan, a Sub Inspector of Police who has been placed under suspension and the accused’s cousin Jayapaul for assisting him. Surjith’s mother Krishnakumari, also a Sub Inspector of Police, has been placed under suspension too.